When changing the ownership of the organization’s property, labor relations undergo changes: in some cases, new labor agreements must be entered into. It concerns even the managing personnel of the enterprise. The owner of the company is given three months to terminate the contracts concluded by the previous owner. This primarily concerns the chief accountant, manager, deputies.
How it works?
As soon as the company changes its owner, it is determined what to do with the previous managers. If you decide to terminate the employment relationship, then you will have to pay compensation. The law determines: for the former head, the chief accountant, dismissal when changing the ownership of the organization’s property is an occasion to receive three average monthly wages. Compensation must be paid by the new owner of the enterprise.
The term "new owner" is applied to a legal entity that has ownership rights to what the organization owns. If we are talking about a unitary enterprise, then the owner of the property is the Russian Federation or a separate region of the country, municipalities.
Private traders
Change of ownership of the organization’s property and dismissal of employees is rather difficult when the platform for changes is a cooperative, a partnership, a fund. A difficult situation is developing in all non-state-owned commercial organizations. The current laws declare that sometimes a change in the management team is the responsibility of the general meeting, the board of directors, the body, which according to the charter is responsible for terminating labor agreements.
Change of ownership of the organization’s property - what does this event require justification? It follows from the current legislation, with this reason for the termination of earlier agreements no special reasons, motivation is not required. Everything needs to be organized, satisfying the requirements of Article 75 of the Labor Code. Dismissed personnel have no right to object to dismissal.
Justice Guard Laws
Personnel managing the organization have the right to protect interests, like other personnel of the company. For this reason, during the reorganization, liquidation, change of ownership of the organization’s property, the person acquiring the company is not obligated to terminate the existing contracts (although he has the right to do so). But if the company does not have a director, deputies, chief accountant, and there are people temporarily performing duties on these positions, then the rules do not apply to them as full-fledged employees in these positions.
To decide what to do with the previous managers, the new owner must three months. The countdown begins when legally formed, the ownership of the property is documented. It so happens that three months have passed, but no decision has been made. Is a change of ownership of the organization’s property grounds for dismissal if time has passed? No, after a time period allotted by the laws, you can remove a person from the state only according to general rules.
Leaders versus line staff
The described standards apply to the management personnel of the enterprise, apply to the change of ownership of the organization’s property. But with other people involved in the company, ending this employment relationship with this note will not work. In the absence of general grounds for dismissal, it will be necessary to save everyone who wishes to stay, despite the change of ownership of the organization’s property.
Some employed have the right to refuse to continue to work in the enterprise where the changes occurred. You can complete the employment relationship, focusing on the 6th paragraph of the 1st part of the 77th article of the Labor Code.
Abbreviations, changes
The new owner of the enterprise has the right to make serious changes to the legal entity regarding the staffing list, recruited staff. But implementing ideas is not easy. Change of ownership of the organization’s property is the reason to change people in managerial positions, but not to abolish them. It will be possible to reduce the number of employees of the enterprise only after combating bureaucratic delays: it will be necessary to formalize the delegation of rights by contacting the responsible state authorities.
When the jurisdiction of the company is adjusted, the rules apply, similar to reorganization, transformation. This means dismissal in cases of a change of ownership of the organization’s property is unacceptable. However, it will be possible to get rid of those workers who have repeatedly received penalties, do not cope with the duties assigned to them by the labor agreement, or discipline has suffered.
Labor Relations: Law
When the ownership of the organization’s property is changed, the new owner and staff of the company enter into labor relations, the regulation of which is entered into force in Article 75 of the Labor Code. In the first four parts of the document, you can find the rules that apply only to the change of ownership, but in others the legal aspects of labor relations accompanying the reorganization, change of jurisdiction are also disclosed.
Has the owner changed?
About whether there is a change of ownership of the property of the organization, the Civil Code of the Russian Federation and the Labor Code speak quite clearly. If we are talking about such a legal entity, which was established by a group of persons with binding rights, then a change in the composition of this group is not considered a change of ownership.
In some cases, the founders do not have property rights at all. For such a situation, the rule is similar: no matter how the composition of the group changes, this does not affect the determination of the owner. That is, the change does not occur.
Registration, law
The new owner is then considered to have received all rights when he passed the "crucible" of the bureaucracy and received state registration. This process is regulated by the first paragraph of Article 564 of the Civil Code. When a change of ownership occurs, it is possible to complete some labor relations, which is accompanied by the payment of compensation, and retain managers who worked earlier if they want to.
All officials who find themselves in a precarious position when changing the ownership of the organization’s property (reduction in number if the new owner wants to do this after registration of rights) are listed in the first part of Article 75 of the Labor Code. The list given in this document is exhaustive, that is, all posts without exception are listed here. The rule does not apply to others.
Objects and Subjects
Unitary enterprises owned by the state, municipalities, institutions, and subsidiaries are in a special position. In relation to them, the rights accompanying the procedure for changing the ownership of the property of an organization are described in the second paragraph of article 48 of the Civil Code. It examines the situation when the founders have property rights, including property rights.
When changing the ownership of the organization’s property, the new owner may be a legal entity. This can happen if there is an AO, LLC, for which the company acts as the owner. In such a situation, the change procedure usually involves the alienation of the property complex. The procedure is performed in favor of another legal entity. An alternative is to acquire a company. Reorganization also leads to a change in ownership of the organization’s property. This operation is somewhat different from others, is regulated by the 75th article of the Customs Code, the fifth and sixth parts.
To work or not?
All staff of the organization, except for the head, chief accountant, deputies, is free to decide whether to stay with the new owner at work. If employees are happy with everything, then they do not make any changes to the employment contracts, termination is not required - people remain to work as before.
In some cases, new owners are faced with the fact that former employees refuse to work further, guided by their own reasons. In this situation, you can terminate the agreement. True, you need to be prepared for the fact that the new owner decides to reduce the number of people in the enterprise. He will not be able to do this right away, but after registering all the rights he will have the opportunity to implement the changes.
Reorganization: what is it?
This term assumes that a certain legal entity ceases to exist, and its duties, rights are delegated to other legal entities. The procedure differs from liquidation by the transfer of rights and obligations, since there is no continuity during liquidation. From the current civil law it follows that there are several methods to reorganize the enterprise: you can merge, divide into several, transform, separate a part of the company into an independent legal entity.
Reorganization, as the fifth part of the 75th article of the Labor Code says, is not a reason to break off labor relations with the organization’s personnel. Labor agreements during the reorganization automatically continue to operate on the same terms. The personnel service should not dismiss personnel, even in order to take everyone back - this is superfluous.
"I want, I do not want"
If a reorganization has been made, then the staff is not asked for consent to continue work, despite the change of bosses. Each individual employee retains the right to refuse to continue activities in the company, arguing that the reorganization. So that everyone can exercise their rights, 30 days before the procedure, the employer informs all employees in writing about the event. He must inform the staff of the consequences of the reorganization for individuals, and also notify employees that they are not required to continue to work here.
In some cases, only the name of the employer actually changes, but it also happens that the reorganization transforms other conditions that are more important for individuals. All such changes must be notified to the company staff. But the labor functions during the reorganization is not allowed to change. All notifications must be sent to the employees of the organization two months before the changes are made or earlier, be sure to indicate the reasons why it is necessary to change the terms of cooperation.
We work stably and officially
If the employee decided to stay, despite the updates, in the area of responsibility of the enterprise - change the labor agreement, reflect this in the individual books of the employees. Since the employer has been a different legal entity since the reorganization, the information is recorded in the established manner.
The company needs to issue an order signed by the main person - the general director, director, where it is indicated that due to the reorganization from organization A to B, all employees are considered employed from that date in company B. Given the internal rules of office work, the order is registered, then based on it they correct information in individual work books, adjust T2 - a personal card, which is issued for each employee individually. They also conclude additional agreements with all employees of the company. The document indicates from what date to consider a person working in a new company, as well as record that other conditions remain unchanged. If any other features of the agreement change, all this is recorded in the supplementary agreement.
To fire?
During the reorganization, entrepreneurs often get rid of former employees anyway. Usually do this when the procedure is completed. They make the transfer of personnel to a new legal entity, during this transfer a person is fired. Such behavior is unlawful and is considered a violation of the law. Faced with such workers should contact the labor inspectorate, the prosecutor's office to restore justice - at least for the sake of compensation.
When reorganizing, it is important to enter information about what happened in the workbook in a timely manner. There are no clear rules on how to make a record. Specialists say that it is necessary to enter information in the same way as they record the fact of a change in the name of a company. Be sure to indicate all the registration data of the decision on the reorganization.
On examples: we transfer the structural unit
This situation is possible: as part of a certain organization there was a structural unit, which they decided to transfer to another owner. This procedure is accompanied by the need to conclude additional agreements with all employees of the unit and make changes to work books. The situation becomes somewhat more complicated when the new owner wants to reduce the number of employees in the unit.
Legislation obliges to behave as follows: the previous owner does not have the right to make a reduction, these rights are fully transferred to the new legal entity. But even it cannot carry out the reduction right away, first it is necessary to formalize the right of ownership in the right way. The easiest way to dismiss the chief accountant, leader and deputies, as mentioned earlier. But all the rest can be reduced only when registering ownership and issuing orders to reduce the number of employees. All dismissed will have to pay compensation - as required by law.
"I don't want to at all!"
A situation is also possible that the reorganization is accompanied by the requirement of the employer from all employees to write a letter of resignation, arguing that this is supposedly their own desire. At the same time, the employer can promise that everyone who writes such a statement will be transferred to the staff of the new company. In practice, people faced with such requirements suspect a trick, fearing that they will simply be kicked out after writing the application, and there is nothing to dream of any workplace in another enterprise.
In fact, the employee has the right to ignore such requirements of the teacher. Upon reorganization, delegation of opportunities, responsibilities of one legal entity to another, labor agreements automatically apply to the new company. It is not necessary to fill out anything specific, and moreover, do not write a letter of resignation. At the same time, the current laws do not restrict the employee in the methods of expressing consent to continue to work in the same position when changing the owner. That is, you can write a letter of resignation, after which they can take to a new place.